Peru’s ‘Intercultural Law’ Proposal

2020 ◽  
pp. 494-515
Author(s):  
Clara María López Rodríguez
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Indigenous Peoples ◽  
Human Rights Law ◽  
Investment Arbitration ◽  
International Legal System ◽  
Investment Law ◽  
Domestic Level

This chapter critically analyses the role of indigenous peoples in international decision-making focusing on two areas of international law: human rights law as adjudicated by the Inter-American Court of Human Rights (Inter-American Court) and investment law as applied by investment arbitration tribunals. The chapter shows that indigenous peoples’ participation in the international legal system can be better facilitated through the recognition of indigenous peoples’ jurisdiction. Focusing on Peru as a case study, this chapter provides a better understanding of the concept of indigenous peoples’ jurisdiction, analysing its nuances and difficulties, but also the importance of regulating such jurisdiction at the domestic level.

Social movements, reframing investment relations, and enhancing the application of human rights norms in international investment law

2020 ◽  
pp. 1-28
Author(s):  
Moshe Hirsch
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
International Investment ◽  
Human Rights Law ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Public Pressure ◽  
Local Actors ◽  
Investment Law

Abstract The recent moderate trend to increasingly apply human rights law in investment awards is accompanied by certain new investment treaties which include expressed human rights provisions. An analysis of recent investment awards indicates that though there are some ‘winds of change’ in this field, it is equally noticeable that human rights law is far from being mainstreamed in international investment law. Investment arbitration procedural law is also undergoing a process of change, and the new procedural rules tend to enhance public elements in the investment arbitral system. This study is aimed at explaining these recent legal changes, highlighting the role of social movements in reframing investment relations as well as increasing public pressure to apply human rights law. These framing changes concern broadening the frame of investment arbitration (beyond the foreign investor–host state dyad), reversing the perceived balance of power between investors and host states, and zooming-in on local individuals and communities residing in host states. The discussion on factors impeding legal change in this field emphasizes the role of the private legal culture prevalent in the investment arbitration system, which is reflected and reinforced by certain resilient socio-legal frames. Informed by this analysis, the study suggests some legal mechanisms which can mitigate the inter-partes frame, and increase the application of human rights law in investment arbitration; inter alia, rigorous transparency rules that are likely to facilitate increased public pressure on tribunals and increase the participation of social movements representing local actors in arbitral processes.

Human Rights and International Investment Arbitration

2020 ◽  
pp. 149-185
Author(s):  
Ursula Kriebaum
Keyword(s):  
Human Rights ◽  
International Investment ◽  
Human Rights Law ◽  
Academic World ◽  
Applicable Law ◽  
Host State ◽  
Investment Protection ◽  
Investment Arbitration ◽  
Rights Issues

This chapter assesses the role of human rights in international investment arbitration. The treatment of human rights issues by investment tribunals has received increased attention in recent years, especially from the academic world. This is particularly so because tribunals have adopted varying approaches when confronted with human rights-based arguments. Some have responded in a negative way, declining to exercise jurisdiction when human rights were concerned. Others declined to discuss human rights arguments, noting that investment protection provisions were more favourable to investors than human rights law. Others applied human rights law where it composed part of the applicable law by virtue of the host State being a party to a human rights treaty. And some, when interpreting investment protection treaties, drew inspiration from approaches used by human rights courts, despite the decisive human rights treaty not being in force in the host state in the case at hand. The chapter then reflects upon the requirements for the application of human rights law in investment disputes.

Human Rights, National Regulation, and Armed Conflict

2019 ◽  
pp. 171-210
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
National Regulation ◽  
The Right ◽  
Human Rights Standards

The role of international human rights law and national regulatory regimes regarding the use of informers is considered in Chapter 5. The chapter begins by outlining human rights standards of relevance to the use of covert human intelligence sources in national policing, criminal justice, and intelligence activities, as interpreted by various international courts and human rights bodies. It then considers national approaches to the regulation of the use of informers, including a case study of Northern Ireland, where human rights law played an ostensibly greater role in regulating conduct than humanitarian law. Informers were both victims and perpetrators of serious crimes during the conflict. The chapter then examines the application of human rights law in times of armed conflict through the lens of the right to life, and considers how national regulation and oversight of the use of informers may be of relevance in situations of armed conflict.

Conclusion

2018 ◽  
pp. 457-466
Author(s):  
Sandra Fredman
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Political Rights ◽  
Human Rights Law ◽  
Judicial Interpretation ◽  
Analytic Framework ◽  
Economic Rights ◽  
The Relationship ◽  
Fundamental Values

The first part of this book sets out the themes which form the analytic framework for subsequent chapters: the role of comparative materials; the meaning of human rights; the relationship between civil and political rights and socio-economic rights; the role of adjudication; and approaches to judicial interpretation. Subsequent chapters apply these themes to some of the most challenging issues in comparative human rights law. The coverage is not intended to be complete, but aims to bring comparative human rights to life, asking similar questions across several jurisdictions and a range of human rights topics. Judges faced with acutely difficult questions must refer to their textual mandate, the fundamental values informing the text, their own interpretive philosophy, and their perception of their role relative to the legislature. But increasingly, their decision-making can be enriched by considering, in a deliberative sense, how judges in other jurisdictions have faced these questions.

Part V Institutions and Actors, Ch.26 The Role and Impact of Treaty Bodies

2013 ◽  
Author(s):  
Rodley Nigel
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Decision Making Process ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Monitoring Committee ◽  
Human Rights Treaties ◽  
International Human

This article examines the role of treaty bodies in the development and enforcement of international human rights law. It explains that there are now nine core human rights treaties and each of them provided the establishment of its own monitoring committee which includes the Convention on the Elimination of Discrimination against Women (CEDAW) Committee, the Committee against Torture and the Committee on Enforced Disappearances (CED). This article discusses the composition, functions and the decision-making process of these committees.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

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